Going Back to Court Because of a Child Living Preference

By
Law Office of Paul A. Eads
|June 16, 2016

The other parent has threatened to take me back to Court because our child
now says they want to live with the other parent. What should I do?

Although the Court shall consider a child's preference, the Court is
not bound to make orders solely on that preference. If the Court finds
that the child's preference conflicts with what is in the best interest
of the child, the Court will not make orders in line with the preference
but against the child's best interest.

For example, assume a child says that they hate one parent and will run
away if that parent gets custody over them, and they are going to tell
the judge they want to live with the other parent. If the Court discovers
that one parent bribed/enticed the child to make that statement or promised
the child they could have their boyfriend or girlfriend have sleepovers
if they come stay with that parent, the Court will not make orders consistent
with the child's preference. Alternatively, if the Court discovers
that the child is excelling in school, is well behaved, and is doing well,
the Court will likely give more weight to the child's preference.
If you believe your child’s preference conflicts with their best
interest, please don’t hesitate to
contact Covina attorney Paul Eads today.

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